When did the Japan Patent Office become available as an International Searching Authority for U.S. applicants?

The Japan Patent Office (JPO) became available as an International Searching Authority (ISA) for certain U.S. applicants on July 1, 2015. According to the MPEP: Since July 1, 2015, the Japan Patent Office (JPO) has been available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents in the U.S.…

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When did the EPO become available as an International Searching Authority for U.S. applicants?

The European Patent Office (EPO) became available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents on October 1, 1982. MPEP 1840.01 specifically states: “Since October 1, 1982, the European Patent Office (EPO) has been available as an International Searching Authority for PCT applications filed by U.S. nationals or…

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What is the effective date of an abandoned application as prior art?

The effective date of an abandoned application as prior art can vary: For published abandoned applications, the effective date is typically the publication date under 35 U.S.C. 102(a)(1). For unpublished abandoned applications referenced in other documents, the effective date is when the information became publicly available. The MPEP cites case law: “In re Heritage, 182…

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What is the effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)?

What is the effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)? The effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C) is important to understand. According to the MPEP 717.02(a): “The effective date of the CREATE Act provisions of the AIA is September 16, 2012.” This means that…

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